HomeMy WebLinkAboutContracts & Agreements_30-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this of day of
,InLA-arl 5 2013, by and between the City of Redlands, a municipal corporation organized
and existinilunder the laws of the State of California, (hereinafter "City"), and New Legacy
Development Corporation(hereinafter "Contractor"). City and Contractor are sometimes
individually referred to herein as a"Party" and, together, as the "Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work
for the following: CDBG 12/13 Downtown Sidewalk and ADA Improvement Project No.
43048, complete all items as required by the Contract Documents (as herein defined) and
Specifications for City's CDBG 12113 DOWNTOWN SIDEWALK AND ADA
IMPROVEMENT PROJECT NO. 43048.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$76,026.90 as
consideration for its performance of the Work in accordance with the terms and
conditions set forth in the Contract Documents, Pursuant to Public Contract Code Section
22300, Contractor has the option to deposit securities with an escrow agent as a substitute
for retention of earnings requirement to be withheld by City pursuant to an escrow
agreement as set forth in the Public Contract Code Section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within sixty (60)calendar
days from and after the date of the delivery to Contractor of a written Notice to Proceed
by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time
allowed will result in damages being sustained by City. Such damages are, and will
continue to be, impracticable and extremely difficult to determine. Accordingly,
Contractor shall pay to City, or have withheld from monies due to Contractor,the sum of
five hundred dollars ($500) for each consecutive calendar day in excess of the specified
time for completion of Work.
Execution of the Contract shall constitute agreement by City and Contractor that five
hundred dollars ($500) per day is the estimated damage to City caused by the failure of
the Contractor to complete the Work within the allowed time. Such sum is for liquidated
damages and shall not be construed as a penalty, and may be deducted from payments
due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set
forth herein, to wit;Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal,
Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General
Conditions, Special Conditions, Special Provisions and Specifications, and any addenda
thereto.
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6. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or
interpret the terms or conditions of the Contract documents, the prevailing Party in such
action, in addition to any costs and other relief, shall be entitled to recover its reasonable
attorneys"fees, including fees for use of in-house counsel by a Party.
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount
of$375,000 or less shall be made by Contractor and processed by the City pursuant to the
provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing
with Section 20104). All claims shall be in writing and include the documents necessary
to substantiate the claim. Nothing in subdivision(a) of Public Contract Code Section
20104.2 shall extend the time limit or supersede the notice requirements provided in this
case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTORISUBCONTRACTOR: Contractor and all of its
subcontractors shall abide by California Public Contract Code, Section 6109, and
California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not
debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests
under this Contract shall be binding on another Party without the written consent of the
Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their
respective successors and assigns in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon City and Contractor.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By:
Mayor, City of Redlands,
County of San Bernardino, California
ATTEST:
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City derk7, 64 o Redlands
County of San Bernardino, California (CITY SEAL)
is
Name of Contractor
By:i� ` �...
Signature;"of A orized Agent
Title
Signature of Authorized Agent(if necessary)
Title
Contractor's License No.
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WORKER'S COMPENSATION INS URA NCE CER TIFICA TION
Description of Contract: City of Redlands
Municipal Utilities&Engineering Department
CDBG 12/13 DOWNTOWN SIDEWALK AND ADA
IMPROVEMENT PROJECT NO.43048.
Labor Code, Section 3700,provides,in part that:
"Every employer except the State shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation in one or more insurer
duly authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations a certificate of consent to
self-insure, either as an individual employer, or as one employer in a group of
employers which may be given upon furnishing proof satisfactory to the Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for worker's compensation or to undertake self-insurance in accordance with the
provisions of that Code, and I will comply with such provisions before commencing the performance of
the work of this contract.(Labor Code section 1861)
Dated this day of 2013.
(0ontrator)
-7 Signature)
Signature)
(Official Title)
(SEAL)
tLabor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with
the Owner prior to performing the work of the contract.)
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01/24/2013� 02:36 909428785G INC PAGE 03/04
BOND NO. SBA850818
Premium: $1,521-00
PERFORMANCE BOND Pv*ftgum 04"d On
Fowl eon&nd P**
Whereas,the,City Council of the City Of Redlands, State of California, and New Legacy Development
Corporation (hereinafter designated as "Principal') have entered into U agreement whereby principal
agrees to install and complete certain designated public improvements,which said agreement,dated
2013, and identified as CDBG 12113 DOWNTOWN SIDEWALK AND
ADA IMpRovEmENT PROJECT NO.43048 is hereby referred to and made a part hereof;and
'Whereas, said Principal is required under the terms of said agreement to furnish a bond for the
perfonnance of said project. American Safety Casualty surety, are held
Now,therefore.said Principal and Insurance Comp,any, as
firmly bound unto the City of Redlands(hereinafter call"City"),in the penal sum of Seventy—Six
Thousand, Twenty _ 100 Dollars lawful
. =six and 901 ----------------
--
money of the United States,for the payment of which sum well and truly to UC made,we bind ourselves,
our heirs,successors,executors and administrators,jointly and severally,firmly by these presents.
Thecondition of this obligation is such that if the above bounded Principal, his or hers heirs,executors,
administrator,successors or assips, shall in all things stand to and abide by,and well and truly keep and
perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as
therein provided, or his or their part, to be kept and performed at the time and in the manner therein
specified,and in all respects according to their true intent and meaning, and shall defend, indemnify and
save harmless the City,its elected officials,officers,agents and employees,as therein stipulated,then this
obligation shall become,null and void;otherwise it shall be and remain in full force and effect.
As a pad of the obligation secured hereby and in addition the face amount specified therefore,there shall
be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the
City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed thereunder or the specifications accompanying the
same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
In witness whereof,this instrument has been duly executed by the Principal and surety above named,on
_january2013. (SEAL) (SEAL)
_XeLegacy Development Corporation American Safety 11 Casualty Insurance Company
(Contractor)/7 {Surety)
BY:
{Signature) (Signattare)
Gracie Lopez, Attorney—in—Fact
Address: IjagLCalabasas Rd„ Suite 1085,
Calabasas, CA 91302
(Seat and Notarial Acknowledgment of Surety) Telephone( 818) 449-3100
CD-5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On January 29, 2013 before me, M. S. Rodrig4ezj, 'Notary Public
Date Here Insert Name and Tire of the Officer
personally appeared GRACIE LOPEZ Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(A whose name(jr) islawsubscribed to the
within instrument and acknowledged to me that
4;*/she/#wW-executed the same in WelherAMW authorized
capacity(4ew), and that by hisilherMeir-signature($) on the
instrument the person(jIr), or the entity upon behalf of
which the person($) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
M-S,RODRICZUE of the State of California that the foregoing paragraph is
NOTARY PUBLIC
CAL RN! true and correct.
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CCIM �Isi,0141� ; y is 51
MY COW EXPIRES 21014 WITNESS my hand and offici", eal.
Signature
Place Notary Seal Above Signature of Notary
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
E Corporate Officer—Title(s): Corporate Officer—Title(s):
[I Partner—07Limited 0 General '_'7 Partner—Dj Limited General
EBRO=l7l 1:1.112
jVt Attorney in Fact
' 'Attorney in Fact pmwrf gralm
E] Trustee Top of thumb here El Trustee Top of thumb here
D Guardian or Conservator �L_Guardian or Conservator
D! Other: i El Other:
Signer Is Representing: Signer Is Representing:
!4Z
02007 National Notary Association-9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402-wwwNationalNotaryorg Item#5997 Reorder:Call Toll-Free 1-800-876-6827
C11/24/2013 02:36 9094287856 INC PAGE 04/04
BOND NO. SBA850818
Premium Included in
LABOR AND MATERIAL BOND Performance Bond.
Whereas,the City Council of the City of Redlands, State of California, and New Legacy Development
Corporation (hereinafter designated as -principal,,) have entered into an agreement whereby Principal
a&Te.es to install and complete certain designated public,improvements,which said agreement,dated
2013, and identified as CDBG 12113 DOWNTOWN SIDSWALK AND
ADA IMPROVEMENT PROJECT NO.43048 is hereby referred to and made a part hereof;and
Whereas,under the terms of said agreement, Principal is required before entering upon the performance
of the,work,to file a good and sufficient payment bond with the City of Redlands to secure the claims to
which reference is made,in Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil
Code of the,State of California.
Now, therefore,said Principal and the undersigned as corporate surety, are held firmly bound unto the
City of Redlands and all contractors, subcontractors, laborers,material men and other persons employed
in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in
the sum of * Dollars($76 o2b__W for materials furnished or labor
thereon of any kind, or for amounts due under the Unemployment insurance Act with respect to such
work or labor,that said surety will pay the same in an amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof,
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of
Redlands in successfidly enforcing such obligation,to be awarded and fixed by the court,and to be taxed
as costs and to be included in the judgment therein rendered.
*Seventy-Six Thousand, Twenty-Six and 90/100---
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to thein or their assigns in
any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying the same shall in any manner affect its
obligations on this bond,and it does hereby waive notice of any such change,extension of time,alteration
or addition.
In witness-whereof,this instrument has been duly executed by the Principal and surety above named,on
January 29, 2013. (SEAL) (SEAL)
New Legacy Development Corporation American Safety Casualty Insurance company
(Contractor) «{Surety}
A' - BY:
__J1A
{Signature)
Gracie Lopez, Attorney -Fact
I
Address: 23901 Calabasas Rd. , Suite 1085,
Calabasas, CA 91302
(Seal acid Notarial Acknowledgment of Surety) Telephone(8 18
CD-6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On January 29, 2013 before me, K S Rodriguez, Notary Public
Date Here Insert Name and TrNe of the Officer
personally appeared GRACIE LOPEZ
Nam (s)of Sig-r(s)
who proved to me on the basis of satisfactory evidence to
be the persono whose name($5 is/aw subscribed to the
within instrument and acknowledged to me that
iae/she/WAy-executed the same in hie/her/t 4oW authorized
capacity(), and that by hWherf4eirsignature(%) on the
instrument the person(#), or the entity upon behalf of
which the person($) acted, executed the instrument.
/ Y I certify under PENALTY OF PERJURY under the laws
LOS ANGELES NOTARY GEL ES COUNTYCAS?FORMA n of the State of California that the foregoing paragraph h is
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COMMISSION= 1872651 true and correct.
W COMM.EXPIRES JAN. 2,2014
WITNESS my hand and official seal.
z
Signature
Place Notary Seal Above S ure of Notary
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner— Limited ❑ General ❑ Partner—❑ Limited ❑ General
X Attorney in Fact ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Toa of th�he-re
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Boot 2402•Chatsworth,CA 9131&2402•www.NationalNotary.org Item#5907 Reorc a Call Tot!-Free 1.800.876.6827
Number 5BAS508IS
PSI
POWER OF ATTORNEY
A WNC4N S4nTY Iius�
KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these
presents does make,constitute and appoints
Gracie Lopez
its true and lawful attorney-in-fact, for it and its name, place, and stead to execute on behalf of the said Company, as surety, bonds,
undertaking and contracts of suretyship to be given to
ALL OBLIGEES
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
SI'mo,owoo
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company of the 25th day of April,2012.
RESOLVED, that the President in conjunction with the Secretary or any Assistant Secretary may appoint attomeys-in-fact or agents with authority as
defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the
seal of the Company to bands, undertakings, recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-
fact or agent and revoke any power of attorney previously granted to such persons.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when
signed by the President or any Vice-President and attested and sealed(if a seal is required)by any Secretary or Assistant Secretary or(ii)when signed
by the President or any Vice-President or Secretary or Assistant Secretary,and counter-signed and sealed (if a seal is required)by a duly authorized
attorney-in-fact or agent;or(iii)when duly executed and sealed(if a seal is required)by one or more attorney-in-fact or agents pursuant to and within
the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney
or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or other suretyship obligations of the Company;
and such signature and seal when so used shall have the same force and effects as though manually affixed.
IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seal to be here affixed,and these presents to be
signed by its President and attested by its Secretary this 25th day of April,2012.
Attest:
AmbuJ Jain Joseph D. Jr_
i 3
STATE OF GEORGIA }
COUNTY OF COBB
On this 25th day of April, 2012, before me personally came Joseph D 5col o me known,who,being by me duly sworn,did depose and say that
he is the President of American Safety Casualty Insurance Compan1 t scribed in and which executed the above instrument;that he
knows the seal of the said corporation;that the seal affixed to the rate seal;that is was so affixed by order of the Board of
Directors of said corporation and that he signed his name theretop
ZZ MAR. :N
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2018
.' Be n Lee,1e fess. P ufilic
I,the undersigned,Secretary of American Safety Casualty Insurance Compat�r,an Oklahoma corporation, DO HEREBY CERTIFY, that the foregoing
and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors,set forth
in the said Power of Attorney,is now in force.
Signed and sealed in the City of Atlanta.in the State of Georgia Af0 , Dated this-day of,Jann�r 2013.
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Ambuj JWJA t .,
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED WITH RED NUMERICAL NUMBERS
DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUCTION WITH THE ORIGINAL